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Terms of Service
Acceptance
By registering to use the Service you are deemed to
have accepted these terms and conditions and agreed to abide by them.
World-Tracker.com reserves the right to introduce amendments to these terms and
conditions as it shall from time to time think fit.
A. DEFINITIONS
Unless the context otherwise requires, the following
terms shall have the following meanings in these terms and conditions:
Accuracy means the accuracy within which a mobile
phone may be Located using the Service;
Charges means all registration fees and subscription
fees together with all fees payable for each Location Request undertaken in
connection with the Service and all annual renewal fees;
Consent the consent from a Locatable User to allow
information relating to the Location of a Locatable Mobile Phone to be sent to
the Locating User;
Credit Top Up Voucher means a pack allowing the
addition of credit to the World-Tracker.com account of the Locating User;
Inappropriate Use means anything that violates the
rights or dignity of a third party including but not limited to privacy, any
intellectual property rights (including but not limited to trade mark or
copyright), and any use that could reasonably be interpreted as defamatory,
libellous, offensive, discriminatory or intimidating;
Locate means the process of locating a Locatable
Mobile Phone by means of the Service;
Location means the approximate centre of the cell
area that is providing coverage to the mobile phone that is being located;
Locatable Mobile Phone means a mobile telephone
registered to be located by a Locating User;
Locating Phone means a mobile or fixed line
telephone registered with the Service by a Locating User;
Location Request means a request submitted by a
Locating User to Locate a Locatable Mobile Phone;
Locatable User means the owner or keeper of a
Locatable Mobile Phone who has consented to being Located;
Locating User means a person wishing to Locate a
Locatable Mobile Phone and who has registered with the Service;
World-Tracker.com means Netcetera Ltd. (Company
number IOM 80655C) whose registered office is at 12-14 Ridgeway Street, Douglas,
Isle of Man IM1 1EN British Isles;
Network Operators means the network operators,
including without limitation Vodafone, O2, Orange and T-Mobile together with any
other telecommunications network and third party supplier involved in providing
access to the Service;
Registration Pack means the initial pack containing
a user guide, terms & conditions of use, the Registration Number and a Security
Code which allows the registration of a non-transferable Subscription for one
Locatable Mobile Phone to be located by one Locating User;
Registration Number means a unique 12-digit number
required for the purposes of registration;
Security Code means a secondary 8-digit number
required for the purposes of registration;
Service means a Location based service known as
World-Tracker.com which will inform a Locating User of the Location of a
Locatable Mobile Phone;
Subscription means a licence by World-Tracker.com to
use the Service to locate one mobile phone for one year in return for payment of
the Charges;
Subscription Voucher means a pack allowing the
registration of an additional, non-transferable Subscription to obtain the
Location of a further Locatable Mobile Phone or the renewal of an existing
non-transferable Subscription to obtain the Location of a Locatable Mobile
Phone;
Website means the Website currently located at URL:
http://www.world-tracker.com and the Website is owned and operated by
World-Tracker.com in connection with the Service;
You means the account holder who has registered for
the Service as a Locating User.
Any reference to a statute, statutory provision or
subordinate legislation shall (except where the context otherwise requires) be
construed as referring to such legislation as amended and in force from time to
time and to any legislation which (either with or without modification)
re-enacts, consolidates or enacts in rewritten form any such legislation; and
any former legislation which it re-enacts, consolidates or enacts in rewritten
form.
B. SERVICE TO BE SUPPLIED
In consideration of payment by You of the Charges
World-Tracker.com agrees to provide the Service subject to these terms and
conditions.
By agreeing to register for the Service and become a
Locating User You agree that the Network Operators may provide the Location of a
Locatable Mobile Phone to World-Tracker.com whenever World-Tracker.com receives
a request from a Locating User and that where the Locatable User has given
Consent, World-Tracker.com may then provide that Location to the Locating User
C. YOUR OBLIGATIONS
You must be 18 years old or over to subscribe as a
Locating User.
You must be the account holder of the Locating
Mobile Phone. World-Tracker.com reserves the right to verify this as
appropriate.
You agree to comply with the terms of these terms
and conditions at all times in relation to your use of the Service.
Your user name, pin number and password are personal
to You and You shall not disclose the same to a third party or to allow a third
party to use the Service using your information.
You agree to inform each Locatable User that they
have been registered by You and that the Locatable User will have to give
Consent prior to the Service being available.
You agree that the Service will not be available
until the Locatable User has given their Consent to their mobile phone being
located by You.
You shall not submit any Location requests in
respect of any Locatable User unless and until that Locatable User has given the
appropriate Consent and that Consent has been received by World-Tracker.com.
You acknowledge that Locatable Users shall have the
right to withdraw their Consent at any time and that World-Tracker.com shall be
bound to comply with any such withdrawal of Consent with immediate effect.
You agree to inform World-Tracker.com of any changes
to the information which it holds about You and that the information that You
provide will be accurate.
You may only register for this Service within the
United Kingdom
You acknowledge that Accuracy is determined by the
density of the cell centroid and will vary by cell. The Accuracy of the Service
is determined by the Network Operators and World-Tracker.com cannot guarantee
the Accuracy of the Service.
You shall indemnify World-Tracker.com against all
loss, damages, costs and expenses including without limitation all reasonable
legal expenses on a full indemnity basis awarded against or incurred by
World-Tracker.com directly or indirectly as a result of:
any improper use by You of the Service; or
otherwise arising out of your conduct or the conduct
of any other Locating User in using the Service in accordance with information
provided by You and You shall give to World-Tracker.com all reasonable
assistance for the purposes of any such proceedings or related negotiations.
D. OBLIGATIONS OF WORLD-TRACKER.COM
To supply the Service in accordance with
World-Tracker.com's current information published on the Website or other
literature published by World-Tracker.com relating to the Service from time to
time, subject to these terms and conditions.
Following your registration World-Tracker.com will
acknowledge your unique user name, pin number and password and will open an
account in your name.
World-Tracker.com will provide You with support via
the Website or a telephone helpline in connection with the Services during
normal business hours on any working day in the United Kingdom.
World-Tracker.com will operate a complaints handling
Service for the benefit of users, and shall deal with all complaints raised by
such users promptly.
World-Tracker.com will use all reasonable endeavours
to prevent Inappropriate Use of the Service.
World-Tracker.com will hold the Location data
securely only for the minimum period necessary to run the Service.
World-Tracker.com reserves the right to withhold the
Location of a Locatable Mobile Phone in response to a request from a Locatable
User and shall not be held responsible for any impact this may have on the
Service.
E. DATA PROTECTION
World-Tracker.com acknowledges its obligations under
the Data Protection Act 1998 and related legislation and shall use its
reasonable endeavours to ensure that the Service and/or any personal information
held in relation to the Service are kept secure. However, World-Tracker.com
cannot accept any liability for those who intentionally attempt to and/or gain
unauthorised access to a Locatable or Locating Mobile Phone and use the Service
and its information (save to the extent required by law) in a manner for which
it was not intended.
Your personal information provided to
World-Tracker.com for the purpose of using the Service will be used only for
that purpose unless explicitly agreed otherwise with You and in any event shall
not be transferred outside the European Economic Area.
In the event that all Subscriptions for the Service
expire, all personal information held by World-Tracker.com about You and the
Locatable Users in relation to those Subscriptions will be destroyed.
When registering for the Service You will be asked
whether You agree to your information being used for marketing purposes. You may
refuse permission for this use. If You have agreed to this use, You may opt out
at any time by contacting World-Tracker.com.
World-Tracker.com reserves the right to forward your
personal details to the police or other relevant third parties in order to
comply with the law or in relation to any suspected Inappropriate Use by You of
the Service.
Other than as set out in these conditions, your
information shall not be disclosed or used by World-Tracker.com.
F. THIRD PARTY CONSENTS
World-Tracker.com shall contact all Locatable Users
directly by SMS to obtain their Consent to be Located. World-Tracker.com cannot
be held liable for any failure by Locatable Users to provide valid Consent.
World-Tracker.com will contact each Locatable User
by SMS text message in each fourteen-day period of active Location Requests
throughout the duration of the Subscription to advise that they may be Located
by the Locating Users.
Locatable Users will be given the option to opt out
of the Service at any time by contacting World-Tracker.com.
World-Tracker.com shall comply with all requests
submitted by Locatable Users to withdraw from the Service and shall notify You
of such withdrawal.
G. LOCATING CHILDREN UNDER 16 YEARS OF AGE
You must provide details of the age of a Locatable
User when the Locatable User is a child under 16 years of age and You must
confirm your relationship to the child e.g. parent / legal guardian.
You agree that your name and mobile phone number can
be sent to other Locating Users registered for the same Locatable User when that
Locatable User is a child under 16 years of age.
H. COSTS
You shall purchase a Registration Pack or
Subscription Voucher either of which entitles the Service to be used to
determine the Location of one Locatable Mobile Phone. The Registration Pack
includes a limited amount of credit which can be used for each Location Request.
Alternatively, you shall purchase your Registration, Subscription or credit
online at www.world-tracker.com.
Your statutory rights are not affected by these
terms and conditions. The purchase price of a Registration Pack, Subscription
Voucher or Credit Top Up Voucher is not refundable if the registration number
and/or security code have been revealed.
You shall purchase credit for each Location Request
that You wish to undertake using the Service. Credit shall be purchased by
credit or debit card via the Website or via any retailer as nominated by
World-Tracker.com. You shall not be able to use the Service without credit to
stand to your account in the records of World-Tracker.com.
Your account with World-Tracker.com shall be debited
by thirty pence for every request to Locate a Locatable Mobile Phone that is
processed by World-Tracker.com, whether or not the Service is able to Locate the
Locatable Mobile Phone at the time of the Location Request.
All Charges are inclusive of VAT.
I. LIABILITY
World-Tracker.com shall not be liable to You or be
deemed to be in breach of contract by reason of any delay in performing, or any
failure to perform, any of World-Tracker.com's obligations in relation to the
Service if the delay or failure was due to any cause beyond World-Tracker.com's
reasonable control including but not limited to:
any failure of the Network Operators to provide the
Location of any Locatable Mobile Phone;
the withdrawal by a Locatable User of or failure to
provide their Consent to be Located at any time;
the lack of Accuracy of any Location ;
any Inappropriate Use of the Service or use
otherwise than in accordance with these terms and conditions.
Except in respect of death or personal injury caused
by World-Tracker.com's negligence, World-Tracker.com shall not be liable to You:
(a) by reason of any representation (unless
fraudulent), or any implied warranty, condition or other term, or any duty at
common law, or under the express terms of the Contract, for any indirect,
special or consequential loss or damage (whether for loss of profit, use,
contract, goodwill or otherwise), costs, expenses or other claims for
compensation whatsoever (whether caused by the negligence of World-Tracker.com,
its employees or agents or otherwise) which arise out of or in connection with
the supply of the Service or its use by You; or
(b) for any claim which is not notified in writing
to World-Tracker.com within 6 months of the date of registration or within 6
months of the circumstances giving rise to the claim if this is later.
The entire liability of World-Tracker.com under or
in connection with the Service shall not exceed the price of the Registration
and/or Subscriptions and/or credit purchased by You plus any paid Charges except
as expressly provided in these Conditions.
J. TERM & TERMINATION
A Subscription is valid for one year unless renewed
and is non refundable. Once all Subscriptions have expired, the Service cannot
be reused without purchasing a further Registration Pack and re-registering.
World-Tracker.com reserves the right to discontinue
the Service at any time
If the Service is discontinued by World-Tracker.com,
all outstanding credit and all Subscription fees pro-rata for the remaining
period of the Subscription will be refunded to You.
Notwithstanding the above World-Tracker.com shall be
entitled to terminate these terms and conditions immediately if You commit any
material breach of any term of these terms and conditions.
On termination World-Tracker.com will notify You and
all Locatable Users registered on the account that the Service has terminated
provided there is enough credit on your account to do so. All Locatable Users
who are not informed by World-Tracker.com that the Service has terminated due to
lack of credit must be informed by You.
A Subscription can be renewed on its expiry date
each year by use of a Subscription Voucher. You will be sent notification by SMS
text message at least 1 week before the expiry of the Subscription that renewal
is required to continue to locate the Locatable Mobile Phone.
K. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
Except as expressly provided in these conditions a
person who is not a party to these conditions shall have no rights under the
Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of
these conditions provided that this does not affect any right or remedy of the
third party which exists or is available apart from that Act.
L. GOVERNING LAW
These Conditions shall be governed by and construed
in accordance with the laws of the Isle of Man. Each of the parties hereby
irrevocably submits to the exclusive jurisdiction of the courts of the Isle of
Man.